We hereby state that we have reviewed and understand the contents of the above
identified specification, including the claims, as amended by any amendment referred to
above....
We hereby declare that all statements made herein of our own knowledge are true
and that all statements made on information and belief are believed to be true; and further
that these statements were made with the knowledge that willful false statements and the
like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title
18 of the United States Code and that such willful false statements mayjeopardize the
validity of the application or any patent issuing thereon. (Barnes patent, joint
declaration).
46. During cross examination, with respect to a conversation that Herman had with
Barnes on 1 March 1999 (the day the declaration was executed by both Barnes and Herman)
Herman testified that:
A. No, I think I just said, you know, did you talk to Mr. Fedorochko, and I think he
indicated that he had not. I asked him if he still wanted to sign it, that I didn't think he
was an inventor, and he said he wanted to sign it.
Q. So you did say that you didn't think he was an inventor, to him?
A. Well I think I reiterated, I didn't think his - well, it's not a contribution, his providing
me some coefficients three years earlier was such a, was constituting being an inventor.
(Barnes Ex. 1052, pages 75-76, lines 21-8).
47. Herman testified that in the first week of April 1999, he learned that SAIC's
compensation package for inventors had changed, such that Herman would receive far less
money for his invention than he originally believed (Herman Ex. 2003, ý 30).
48. Herman filed the involved Herman application 21 January 2000.
49. Herman alleges that Barnes had no knowledge of the subject matter of the invention
described in the involved Barnes patent, and thus cannot be a joint inventor.
50. This allegation is based on comments Barnes allegedly made upon reviewing a paper
written by Messauod Bahoura covering the same concepts and terminology used in the involved
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